Agenda Packets - 1982/10/11 - Laserfiche WebLink

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q?F1,t- 101,N MEMO TO: Mayor and City Council FROM: Clerk -Administrator DATE: October 8, 1982 SUBJECT: NEW BRIGI;TON TRUNK SEWER ACQUISITION On August 25th Mayor McCarty and I met with New Brighton's Mayor Harcus, City Manager Pornell, and Director of Public Works Proper regarding Mounds View's opposition to the acquisition of. a New Brighton trunk sewer by the MWCC. As you may recall, the City of Mounds View has taken a very strong position in opposition to this acquisition and has been in the forefront of those cities voicing their opposition. On August 26, 1982 Resolution No. 1430, copy attached, was adopted which outlines the City's basis for our opposition. The Physical Development Committee of the Metropolitan Council agreed at least in part to our opposition by directing the City of New Brighton and the MWCC to negotiate a purchase price for the trunk sewer line rather than following the formula outlined by M.S. 473.511, Subdivision 4, copy attached. We have been advised by the City of New Brighton that the MWCC has not entered into negotiations with them as directed by the Physical Development Committee. The basis for this lack of action by the MWCC is not known, however, based on previous statements by representatives of the MWCC, it would be reasonable to conclude that they have not done so because they do not feel they have any legal basis for determining the purchase price other than that outlined by State statutes as a result of earlier court decisions on similar cases. During the August 25th meeting with the New Brighton officials a report from Mr. Proper was referred to,which we received a copy of several weeks later and is attached, making certain statements about the benefits the City of Mounds View has received and is receiving from the MWCC. At first it was staffs reaction that it was necessary to disprove or discredit these statements in order to be able to justify the position we have taken on the New Brighton trunk sewer acquisition. Upon thoughtful considera- tion of the situation, however, staff has come to realize that the bottom line issue is not the advisability of, the acquisition, as it is an acknowledged fact that it is the most economical and engineeringly sound option for Arden Hills. The issue ultimately boils down to the question of whether or not the formula established by the Legislature for the acquisition of existing facilities, M.S. 473.511, Subdivision 4, is equitable and, if it is not, when do we finally say STOP and attempt to seek changes in the formula.